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(영문) 춘천지방법원 원주지원 2013.05.22 2013고단153

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

On January 18, 2013, the Defendant driven the above car at around 07:05, and operated the way ahead of GS25,000, which is located in the original city at the time of the original city, from the jurisdiction of the original city to the jurisdiction of the KBS broadcasting station at the seat of the original city.

At the time of the crosswalk without signal lights, the victim C (the age of 72) was standing the crosswalk from the right side of the direction to the left side, so the driver of the vehicle had a duty of care to safely drive the vehicle and prevent the accident in advance by checking whether there is a person who gets to see the right and the right.

Nevertheless, the defendant neglected this and obstructeded the part of the victim's left bridge by his negligence, which led to the shock of the front part of the defendant's vehicle to go beyond the road.

Ultimately, the Defendant suffered injury to the victim, such as blood transfusion, due to the above occupational negligence, for about 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on occurrence of traffic accident;

1. The actual condition survey report;

1. Application of statutes on site photographs and diagnostic certificates;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2009Da144

1. Social service order under Article 62-2 of the Criminal Act;